DETAILED ACTION
This action is a first action on the merits. The claims filed on October 2, 2023 have been entered. Claims 1-20 are pending and addressed below.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement filed on November 14, 2023 has been considered by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15: Claim 15 recites the limitation "the collapsible seat assembly" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Further, the recitation of “wherein the expanded overall width is between 90% to 110% of the collapsed width” is unclear as to how the expanded overall width can be anything 100% or less of the collapsed width because then the expanded overall width would be less than the collapsed width and could not be considered to be “expanded” from the collapsed width. Appropriate correction and/or clarification is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 5, 7, 12-14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weers, German Patent No. DE 10 2016100 660 A1 (hereinafter Weers) in view of Seyffert et al., WIPO Document No. WO 201136684 A1 (hereinafter Seyffert).
Claim 1: Weers discloses recreational vehicle (in caravans, motorhomes, garden or holiday homes, in boats or in ship cabins, see abstract) comprising:
a body including a cab area (caravans and motorhome necessarily include a cab area) and a living space area (used in living area of small room in caravans, motorhomes, garden or holiday homes, in boats or in ship cabins, see abstract) ;
a convertible seat assembly in the living space area (seats converted to a lying surface, pg 3), the convertible seat assembly operable to transition between a collapsed position and an expanded position (reshape a seating group to a comfortable mattress), the convertible seat assembly including:
a fixed seat (transverse seat bench 14 is firmly bolted, pg 7, Fig 5, 7), and
a sliding seat (seat slats 15 and backrest slats 16 are movable, pg 7, Fig 5, 7), the sliding seat being independently moveable with respect to the fixed seat (rotation of electric motor 101 moves seat slat 15 and backrest slatted base 16, pg 7, Fig 5, 7).
Weers fails to disclose a seat belt assembly coupled to a removable seat assembly, the seat belt assembly including a first seat belt operable to releasably couple to the fixed seat and a second seat belt operable to releasably couple to the sliding seat.
Seyffert discloses a seat belt assembly coupled to the convertible seat assembly (removable seat assembly, pg 2), the seat belt assembly (seat belt system 10) including a first seat belt (seat belt 18) operable to releasably couple to a seat (bench seat 52) and a second seat belt (seat belt 17) operable to releasably couple to a seat (rear vehicle seat 16) (the belt strap can be detachably fixed, pg 2, seat belts 17, 18 can be stored when not in use, see Fig 4, abstract, pg 9).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify a the fixed seat and the sliding seat of Weers to include the releasably coupled seat belts as disclosed by Seyffert as this would have yield the predictable results of providing a safety belt system for holding back a vehicle occupant wearing the seat belt in the seat while allowing the belt strap to be detachably fixed for the purpose of moving the sliding seat (Seyffert, pg 2) and the fixed seat, sliding seat and the seat belt would merely perform the same functions as they do separately.
Claim 2: Weers, as modified by Seyffert, discloses the fixed seat (Weers, transverse seat bench 14) and the sliding seat (Weers, seat slats 15 and backrest slats 16 are movable) collapse to form a single seat (Weers, lying surface) in the collapsed position (Weers, backrest slats 16 and seat slats 15 are moved into position as shown in Fig 7, pg 7).
Claim 3: Weers, as modified by Seyffert, discloses wherein the first seat belt and the second seat belt are both three-point seat belts (Seyffert, extendable seat belts 17, 18 are three point seat belts as shown in Fig 3-4, pg 7).
Claim 5: Weers, as modified by Seyffert, discloses the sliding seat (15, 16) further includes a seat back portion (Weers, backrest slats 16) and a seat bottom portion (Weers, seat slats 15), the seat back portion (16) and the seat bottom portion (15) operable to move independently from each other (backrest slats 16 and seat slats 15 rotate independently into different orientations at hinges 17, pg 7).
Claim 7: Weers, as modified by Seyffert, discloses the sliding seat (15, 16) is coupled to at least one of a floor of the living space area (seat slats 15 are coupled via seat boxes 20) or a side wall of the living space area (surrounding walls shown in Fig 5) when the convertible seat assembly (15, 16) is in the expanded position (seating configuration, shown in Fig 5).
Claim 12: Weers, as modified by Seyffert, discloses wherein the convertible seat assembly is operable to transition to a further expanded position to define a second sliding seat (second set seat slats 15 and backrest slats 16 are movable, pg 7, Fig 5, 7) the second sliding seat including a second plurality of sliding slats (15, 16), the second sliding seat (15, 16) being adjacent to the sliding seat when the convertible seat assembly is in the further expanded position (the sliding seats 15, 16 are located facing or next to one another in the retracted position, see Fig 7).
Claim 13: Weers, as modified by Seyffert, discloses wherein the fixed seat (14) includes a plurality of fixed slats (Weers, slats of bench 14) and the sliding seat (15, 16) includes a plurality of sliding slats (Weers, slats of 15 and 16), the plurality of sliding slats (15, 16) operable to slide adjacent to the plurality of fixed slats (14) to transition the convertible seat assembly between the collapsed position (Weers, retracted position shown in Fig 5) and the expanded position (Weers, lying position shown in Fig 7) (Weers, seat slats 15 and backrest slats 16 are movable into position adjacent to transverse seat bench 14, pg 7, Fig 5, 7).
Claim 14: Weers, as modified by Seyffert, discloses further comprising a cushion assembly coupled to the convertible seat assembly (upholstery on transverse seat bench 14 is fixed, upholstery on the seat cushion and backrest follow movement of respective seat slatted frame 15 and backrest slats 16, pg 7).
Claim 16: Weers discloses a convertible seat assembly (see Fig 5, 7) operable to transition between a collapsed position (seats converted to a lying surface, pg 3) and an expanded position (reshape a seating group to a comfortable mattress), the convertible seat assembly comprising:
a fixed seat (transverse seat bench 14 is firmly bolted, pg 7, Fig 5, 7) including a plurality of fixed slats (see Fig 5, 7);
a sliding seat including a plurality of sliding slats (seat slats 15 and backrest slats 16 are movable, pg 7, Fig 5, 7), the sliding seat (15, 16) being adjacent to the fixed seat (14) when the convertible seat assembly is in the expanded position (sliding seats 15, 16 expanded into lying surface, see Fig 7), wherein the plurality of sliding slats (15, 16) is operable to slide adjacent to the plurality of fixed slats (14) to transition the convertible seat assembly between the collapsed position (retracted position, Fig 5) and the expanded position (lying position, Fig 7); and
a sliding seat (seat slats 15 and backrest slats 16 are movable, pg 7, Fig 5, 7), the sliding seat being independently moveable with respect to the fixed seat (rotation of electric motor 101 moves seat slat 15 and backrest slatted base 16, pg 7, Fig 5, 7).
Weers fails to disclose a seat belt buckle positioned on an end of the fixed seat operable to receive a first three-point seat belt.
Seyffert discloses a seat belt assembly coupled a convertible seat assembly (removable seat assembly, pg 2), the seat belt assembly (seat belt system 10) including a seat belt buckle (seat belt lock 24) positioned on an end of the seat (located on an end of a first seat and between the first and second seats, see Fig 4) operable to receive a first three-point seat belt (seat belt lock/buckle 24 receives tongue 22 which is latchable in the belt lock/buckle to close the lock, see Fig 3, pg 7).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify a the fixed seat and the sliding seat of Weers to include the seat belt buckle and first three-point seat belt system seat belts as disclosed by Seyffert as this would have yielded the predictable results of providing a safety belt system for holding back a vehicle occupant wearing the seat belt in the seat (Seyffert, pg 2) and the sliding seat and the seat belt would merely perform the same functions as they do separately.
Claim 17: Weers, as modified by Seyffert, discloses wherein the fixed seat (14) and the sliding seat (15, 16) collapse to form a single seat in the collapsed position (Weers, backrest slats 16 and seat slats 15 are moved into position as shown in Fig 7, pg 7).
Claim 18: Weers, as modified by Seyffert, discloses further comprising a second seat belt buckle (seat beat lock/buckle 24) positioned on an end of a second seat (located on the end of the second seat 16 between the second and third seats) operable to receive a second three-point seat belt (seat belt lock/buckle 24 receives tongue 22 which is latchable in the belt lock/buckle to close the lock, see Fig 3, pg 7).
Claim 19: Weers, as modified by Seyffert, discloses the sliding seat (15, 16) further includes a seat back portion (Weers, backrest slats 16) and a seat bottom portion (Weers, seat slats 15), the seat back portion (16) and the seat bottom portion (15) operable to move independently from each other (backrest slats 16 and seat slats 15 rotate independently into different orientations at hinges 17, pg 7).
Claim 20: Weers, as modified by Seyffert, discloses wherein the convertible seat assembly is operable to transition to a further expanded position to define a second sliding seat (second set seat slats 15 and backrest slats 16 are movable, pg 7, Fig 5, 7) the second sliding seat including a second plurality of sliding slats (15, 16), the second sliding seat (15, 16) being adjacent to the sliding seat when the convertible seat assembly is in the further expanded position (the sliding seats 15, 16 are located facing or next to one another in the retracted position, see Fig 7).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weers in view of Seyffert as applied to claim 3, and further in view of Cuny, United Kingdom Patent No. GB 1370865 A (hereinafter Cuny).
Claim 4: Weers, as modified by Seyffert, discloses fails to discloses wherein a latch of the second seat belt releasably couples to a second buckle in a side-wall of the living space area to establish three-point contact.
Cuny discloses a seat belt (inertia reel safety belt) with a latch (detachable element 11) that releasably couples to a second buckle (fixed element 16) in a side-wall of the vehicle (upright 17) to establish three-point contact (as shown in Fig 2, 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the second seat belts of Seyffert to further include a latch releasably coupled to a second buckle as disclosed by Cuny located in the side-wall of the living space area as this modification would have yielded the predictable results of a seat belt with a three-point contact that is detachable from the side-wall of the living space area thereby allowing for different configurations of the seat belt and disengagement of the seat belt in an emergency (Cuny, pg 1, ln 65-71).
Allowable Subject Matter
Claims 6, 8-11, and 15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art discloses the limitations of the claims as indicated above.
Regarding claim 6, Weers, Seyffert, and Cuny fail to disclose a first alarm component on the fixed seat, a second alarm component on the sliding seat, and a third alarm component on a side wall adjacent to the sliding seat, wherein an alarm signal is generated when the second alarm component is not in communication with at least one of the first alarm component or the third alarm component.
Regarding claim 8, Weers, Seyffert, and Cuny fails to disclose wherein the sliding seat is coupled to the living space area via at least one release pin that is transitionable between a locked position and an unlocked position. Further, the use of release pins would not have been obvious as the sliding seat (15, 16) of Weers is operated with an electric motor (101) and cables (104a, 104b) (Weers, pg 6).
Regarding claim 15, Weers, Seyffert, and Cuny fails to disclose wherein the collapsible seat assembly has a collapsed width in the collapsed position and an overall expanded width in the expanded position, wherein the expanded overall width is between 90% to 110% of the collapsed width as the width of the convertible seat assembly of Weers does not change between the collapsed position and the expanded position.
Conclusion
Claims 1-3, 5, 7, 12-14, and 16-20 are rejected. Claims 6, 8-11, and 15, are objected to. No claims are allowed.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676